Board of Selectmen’s Meeting
October 24, 2001
Mr. Merritt opened the meeting and introduced the Board members and Jim Boudreau, Town Administrator.
MOTION: Mr. Mariano moved the Board amend the agenda for the discussion of a Special Town Meeting. Second by Mr. Gaynor.
Unanimously Voted.
Mr. Merritt started by discussing the situation of the establishment of an adult entertainment business in Norwell. The Board feels they need to make some provisions in the Bylaw to deal with this issue. This is a First Amendment issue for the people that run these types of businesses. The towns authority to control these businesses exists, the towns authority to prohibit these businesses does not exist.
Mr. Mariano said that never have we received so many card, emails, which makes it very clear that the wishes of the community are that we act as responsibly as possible and expenditiosly as possible. To come up with a bylaw as quickly as possible. It takes eight weeks to go through the process, the Planning Board has their hearing process. So we are looking at either December 17, 2001 or January 7, 2001 assuming it will be a Monday night.
Mr. Gaynor agreed the Publics response has been dramatic. And feels it requires immediate attention.
Mr. Merritt said what we are faced with is to draft a bylaw that basically allows this somewhere in town. At this point it is Unconstitutional, its been upheld, its been all the way to the Supreme Court, it isn’t a matter of simply calling a Town Meeting and prohibiting this type of establishment. When the Bylaw is put together, you can prohibit it in certain zones, at the same time it becomes an allowed use somewhere. Who will decide where this zone will be. For instance in the Industrial zone where there is a commercial climate that pays a lot of taxes. Or in a retail zone where it is now. We need to have a Bylaw for Town Meeting that people will accept where the location is going to be. If we have a conflict as to where the location is going to be, we would risk the Bylaw failing. We
as a Town have been down this road once before. Seventeen years ago we tried to create a zone for this. At that time it was withdrawn for a technical reason, that if you put forth a zoning bylaw at Town Meeting and it fails, then it can’t be brought back for two years. At that time the situation was an adult bookstore, we have the same situation, maybe the town will act differently this time.
Mr. Boudreau said his concern is that it does not leave any margin for error. If there is a storm the night of the Public Hearing, its doable but everything has to exactly right in order to be on the 17th.
· The Warrants are to be out to weeks in advance which is December 3rd.
· The Public Hearing becomes the Planning Board responsibility to hold at which is the place for Public input which needs a month from the notification to the Public Hearing. If notification is tonight the Public Hearing would be around Thanksgiving.
· They have two weeks to draft a Bylaw and get the notification in the paper.
· To be advertised for two consecutive weeks.
· A draft article would have to be ready to go in about 10 days or around November 4th.
Mr. Merritt believes that January 7, 2001 would be a better date with a little more time.
MOTION: Mr. Mariano moved the Board call a Special Town Meeting for Monday, December 17, 2001, at 7:30 PM in the High School gym. Second by Mr. Gaynor.
Unanimously Voted.
MOTION: Mr. Marino moved the Board to open the Warrant. Second by Mr. Gaynor.
Unanimously Voted.
Mr. Merritt opened the meeting and introduced the Board members and Jim Boudreau, Town Administrator.
MOTION: Mr. Mariano moved the Board approve the agenda as written. Second by Mr. Gaynor.
Unanimously Voted.
First on the agenda the Commission on Disabilities Update;
Norwell Commission On Disability
Too many times a philosophy appears of non-disabled people vs. disabled people. The Commission wants to assure you in NORWELL that is not the case. The Commission wants to say THANK YOU to all the officials and residents who have helped the Commission!
Council On Ageing Building
With the help of Rosemary O'Connor (COA Director) and Tim Fitzgerald (Building Inspector/ADA Compliance Officer) the Commission was able to have Electra Ride 11 installed. This means if there were a disaster that "residents of Norwell" could go to this building and a transferable handicapped person could get from the basement to the accessible bathrooms on the first floor.
**'*Public Schools new construction)
Tim Fitzgerald (Building Inspector/ADA Compliance Officer) and the Commission agreed the "town" would benefit from a third party site inspection. The Massachusetts Office on Disability (MOD) contacted the Superintendent of Schools and the Building Department to make the appropriate arrangements. The site inspection by MOD is scheduled on October 30 & 315 2001.
Town Meeting
Janice Lawson (Town Clerk), Tim Fitzgerald (Building Inspector/ADA Compliance Officer), and the Commission agreed repair of the Phonic Ear was necessary for the "town" meeting. The Phonic Ear amplifies sound for those with a hearing loss.
There are openings on the Committee with meetings on the first Friday of the month.
MOTION: Mr. Mariano moved the Board open the Public Hearing on Ambulance Rates.
Unanimously Voted.
New Business
MOTION: Mr. Mariano moved the Board accept with regret the resignation of Police Officer David J. Swicker. Second by Mr. Gaynor.
Unanimously Voted.
Old Business
MOTION: Mr. Mariano moved the Board appoint Theodore J. Ross as the new Police .
Sergeant in the Norwell Police Department. Second by Mr. Gaynor.
Unanimously Voted.
MOTION: Mr. Mariano moved the Board appoint Phillip Y. Brown, 157 Brigantine
Circle as an Alternate on the Zoning Board of Appeals. Second by Mr. Gaynor.
Unanimously Voted.
MOTION: Mr. Mariano moved the Board appoint Jim Roche, 11 Cape Cod Lane as an
Alternate on the Zoning Board of Appeals. Second by Mr. Gaynor.
Unanimously Voted.
MOTION: Mr. Mariano moved the Board appoint Lois S. Barbour, 94 Riverside Drive
as an Alternate on the Zoning Board of Appeals. Second by Mr. Gaynor.
Unanimously Voted.
Mr. Mariano stated that the fourth applicant Todd Burtch’s application would be kept on file and it would be recommend for him to accept an appointment to a board with a financial purpose.
Items of Interest
1. Real Estate Tax Due Date – November 1st, 2001
The Board will meet next Tuesday evening, October 30, 2001
MOTION: Mr. Mariano moved the Board adjourn. Second by Mr. Gaynor.
Unanimously Voted.
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James M. Boudreau, Town Administrator
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